Amounts paid to States, the District of Columbia, U.S. Yes. The permissible uses are also subject to modification, as the Treasury Department may modify the Interim Final Rule and Frequently Asked Questions. The methodology allows tribes to include all revenue from tribal enterprises, including gaming. Within two weeks of April 14, when the. L. 116-94) for funds for programs authorized under section 330 through 340 of the Public Health Service Act (42 U.S.C. As discussed in the Guidance above, the CARES Act provides that payments from the Fund must be used only to cover costs that were not accounted for in the budget most recently approved as of March 27, 2020. The CARES Act established the $150 billion Coronavirus Relief Fund. Only official editions of the documents in the last year, 26 Unlike with the Coronavirus Relief Funds tribal governments received last year, tribes also have several years to spend FRF. For example, a transfer from a county to a constituent city would not be permissible if the funds were intended to be used simply to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify as an eligible expenditure. documents in the last year, 36 For example, if an administrative cost is already being covered as a direct or indirect cost pursuant to another federal grant, the Fund may not be used to cover that cost. 03/03/2023, 207 Are there prohibitions on combining a transaction supported with Fund payments with other CARES Act funding or COVID-19 relief Federal funding? Guidance on Treatment of Alaska Native Corporations, Coronavirus Relief Fund Guidance as published in the Federal Register on January 15, 2021, Coronavirus Relief Fund Tribal Allocation Methodology, Payments to States and Eligible Units of Local Government, Tribal Employment and Expenditure Submission Instructions, Frequently Asked Questions on Tribal Population, Tribal Allocation Methodology for Second Distribution, Recipient Reporting and Record Retention Requirements, Interim Report of Costs Incurred by State and Local Recipients through June 30, Interim Report of Costs Incurred by the District of Columbia and Territories through June 30, Interim Report of Costs by Category Incurred by State and Local Recipients through June 30, Interim Report of Costs by Category Incurred by District of Columbia and Territories through June 30, Coronavirus Relief Fund Allocations to Tribal Governments, Disbursements to Alaska Native Corporations, CRF Guidance Revision Regarding Cost Incurred, Coronavirus Relief Fund Application of the Single Audit Act to Alaska Native Corporations (7/5/2022), Special Inspector General, Troubled Asset Relief Program (SIGTARP), Administrative Resource Center (ARC)- Bureau of the Fiscal Service. 03/03/2023, 266 What is meant by a small business, and is the Guidance intended to refer only to expenditures to cover administrative expenses of such a grant program? a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. 5 U.S.C. This led to the Stay-At-Home Order for all residents as a means to limit the spread and control the virus, thus, preserving the peace and order of the Hopi Tribe. The interim report will include a summary of the tribal government's expenditures by category from date FRF is received to July 31, 2021. Please see Treasury Office of Inspector General FAQs at https://www.treasury.gov/about/organizational-structure/ig/Audit%20Reports%20and%20Testimonies/OIG-CA-20-028.pdf regarding reporting in the GrantSolutions portal. Please contact your responsible Holland & Knight lawyer or the authors of this alert for timely advice. 9. Sorry, no promotional deals were found matching that code. Law and Justice. The U.S. Department of the Treasury has recently announced how it will allocate these funds among tribes and provided guidance on how these funds can be used. Retroactive spending is permissible for this category, meaning essential workers could receive premium pay for hours worked during the duration of the COVID-19 pandemic. Such funds would be subject to recoupment by the Treasury Department if they have not been used in a manner consistent with section 601(d) of the Social Security Act. Additional information on these points can be accessed below. 5. Box 1328, Parkersburg, WV 26106-1328. This document has been published in the Federal Register. Information contained in this alert is for the general education and knowledge of our readers. Paycheck Protection Program This forgivable loan helps keep your workforce employed. Public Call Information: Dial: 800-437-2398 Conference ID: 8287097. read on federalregister.gov. For the first payment, the Treasury Department will use self-certified enrollment numbers submitted to the Bureau of Indian Affairs in April 2021. The Guidance includes workforce bonuses as an example of ineligible expenses but provides that hazard pay would be eligible if otherwise determined to be a necessary expense. ), available at https://www.congress.gov/116/plaws/publ94/PLAW-116publ94.pdf. In March 2020, the CARES Act established the Coronavirus Relief Fund, which allocated $8 billion to tribal governments and Alaska Native Corporations to address "necessary expenditures" incurred due to COVID-19. The Public Inspection page may also The Biden-Harris Administration is providing free access to COVID-19 vaccines for every adult living in the United States. Recipients will need to consider the applicable restrictions and limitations of such other sources of funding. We are working alongside our partners at the local, state and national levels to actively provide updates and information for Chickasaws, employees, the public . Goods delivered in the covered period need not be used during the covered period in all cases. COVID-19. Treasury recognizes that schools are generally incurring an array of COVID-19-related expenses to either provide distance learning or to re-open. 3. The funding supports states, tribes, and territories with coastal and marine fishery . for 30 days, Free 26. Funds are available to reimburse districts for a 25% share of costs associated with personal protective equipment (PPE) and medical and cleaning supplies for school buildings and . The U.S. Supreme Court ruled Friday that Alaska Native regional and village corporations are eligible to receive federal CARES Act funding intended for tribes. The statute also specifies that expenditures using Fund payments must be necessary. The Department of the Treasury understands this term broadly to mean that the expenditure is reasonably necessary for its intended use in the reasonable judgment of the government officials responsible for spending Fund payments. Yes, if the costs of such remarketing satisfy the requirements of the CARES Act. Yes, payments from the Fund may be used to meet the non-federal matching requirements for Stafford Act assistance, including FEMA's Emergency Management Performance Grant (EMPG) and EMPG Supplemental programs, to the extent such matching requirements entail COVID-19-related costs that otherwise satisfy the Fund's eligibility criteria and the Stafford Act. the Federal Register. A cost is not considered to have been accounted for in a budget merely because it could be met using a budgetary stabilization fund, rainy day fund, or similar reserve account. On September 2, 2020, the Supplemental Guidance on Use of Funds to Cover Payroll and Benefits of Public Employees and Supplemental Guidance on Use of Funds to Cover Administrative Costs sections were added. A recipient with such necessary administrative expenses, such as an ongoing audit continuing past December 31, 2021, that relates to Fund expenditures incurred during the covered period, must report to the Treasury Office of Inspector General by the quarter ending September 2022 an estimate of the amount of such necessary administrative expenses. As stated in the Guidance, a cost meets this requirement if either (a) the cost cannot lawfully be funded using a line item, allotment, or allocation within that budget or (b) the cost is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. Expenses for communication and enforcement by State, territorial, local, and Tribal governments of public health orders related to COVID-19. include documents scheduled for later issues, at the request In the Interim Final Rule and Frequently Asked Questions, the Treasury Department elaborated on the four categories of permissible uses of FRF as set forth in the American Rescue Plan. The Chickasaw Nation and the Oklahoma State Department of Health are continuing to monitor the coronavirus, or COVID-19, which is still impacting countries around the world. 03/03/2023, 234 As previous guidance has stated, payments from the Fund may be used to meet the non-federal matching requirements for Stafford Act assistance to the extent such matching requirements entail COVID-19-related costs that otherwise satisfy the Fund's eligibility criteria and the Stafford Act. May recipients use Fund payments to remarket the recipient's convention facilities and tourism industry? Read more on the law and tribal-specific provisions: H.R. CDC is using a multifaceted approach to allocate COVID-19 funding to Indian Country, enabling broad access to COVID-19 resources across tribal communities: $152.8 million to tribal nations, consortia, and organizations through a new noncompetitive grant, Supporting Tribal Public Health Capacity in Coronavirus Preparedness and Response 4. Pursuant to that provision of the Uniform Guidance, recipients and subrecipients subject to the Single Audit Act may use payments from the Fund to cover a reasonably proportionate share of the costs of audits attributable to the Fund. Furthermore, in all cases it must be necessary that performance or delivery take place during the covered period. This particular nonexclusive example of an ineligible expenditure relates to public employees. Furthermore, as discussed in the Guidance above, as with any other cost, an administrative cost that has been or will be reimbursed under any federal program may not be covered with the Fund. Contact the Eviction Defense Screening Line at 855-657-8387 or apply online at the Northwest Justice Project . CARNEGIE The Kiowa Tribe of Oklahoma has received official confirmation it will receive almost $51 million from the American Rescue Plan Act. from 36 agencies. Yes. May payments from the Fund be used to assist individuals with enrolling in a government benefit program for those who have been laid off due to COVID-19 and thereby lost health insurance? Avery Street A3-G, Fiscal Service Warehouse & Operations Center Dock 1, 257 Bosley Industrial Park Drive, Parkersburg WV 26106. ELIGIBILITY CRITERIA Direct Submissions The Rosebud Sioux Tribe is planning how to use the expected funds. Building or upgrading facilities and transmission, distribution and storage systems, including the replacement of lead service lines.